TOBI, J.C.A. (Delivering the Lead Ruling): This is an application for an "order staying the trial and/or any further proceeding in suit No. FHC/E/M52/96 now pending before the Federal High Court (Enugu Division), pending the hearing and determination of the instant interlocutory appeal challenging the jurisdiction of the lower court to adjudicate in the said matter."
Moving the application, learned Senior Advocate for the applicant, Dr. J.O. Ibik relied on the 12 - paragraph affidavit particularly, paragraphs 3, 4, 5 and 7 thereof. He submitted that since the applicant disputes the debt, the res is outside the jurisdiction of the court. In other words, since the debt is disputed, the lower court has no jurisdiction to determine whether the applicant is owing the debt and further to determine that debt. Referring to the counter affidavit, learned Senior Advocate contended that there is no averment that the applicant admitted the debt and that it was a waste of time for the lower court …